Harbison v. Secretary of State

Arthur Lee Harbison appeals as of right from a circuit court order affirming a decision of the Secretary of State, pursuant to MCL 257.625(f); MSA 9.2325(6), to suspend his driver’s license for six months for an unreasonable refusal to take a breath-analysis test. He claims that the decisions of the circuit court and the Secretary of State were inconsistent with the rule stated by this Court in People v Castle, 108 Mich App 353; 310 NW2d 379 (1981).

In Castle, the defendant initially refused to take the test without first consulting with his attorney. The attorney arrived at the police station…